The main legal point established is that charges under Sections 188, 269, and 270 IPC cannot be initiated without a written complaint as per Section 195 of CrPC, and the court has the inherent jurisdiction to quash proceedings if they are manifestly attended with malafides or if the ends of justice require it.

ORDER :

By way of instant petition filed under Section 482 Cr.PC, prayer has been made by the petitioner for quashing of FIR No. 17/2020, dated 28.3.2020 and orders dated 31.8.2020 and 17.1.2022, passed by the learned JMFC-3, Shimla, District Shimla, HP, whereby charges under Sections 188, 269, 270 and 34 IPC, came to be framed against the petitioner. Despite sufficient opportunity, no reply has been filed by the respondents.

2. Precisely, the facts of the case as emerge from the record are that on 28.3.2020, petitioner herein was found strolling on the road during curfew imposed by the District Administration on account of COVID-19. Allegedly, petitioner alongwith his friend not only violated the restriction qua the movement imposed on account of curfew, but he was also not wearing mask and as such, case under Section 188 of IPC came to be registered against him. Petitioner has denied the aforesaid allegation by stating that he was not strolling on the main road, rather was walking outside his house alongwith pet. After completion of investigation, police presented challan in the competent court of law, but before same could be decided on its own merits, petitioner has approached this Court in the instant proceedings, praying therein to quash the FIR as well as orders dated 31.8.2020 and 17.1.2022, whereby court below took contingence and issued process against the petitioner.

3. I have heard the learned counsel for the parties and gone through the records.

4. Precisely, the ground as has been raised in the instant petition for quashing of FIR as well as orders dated 31.8.2020 & 17.1.2022, whereby charges under Sections 269 and 270 came to be framed, is that no case under Sections 188, 269 and 270 IPC, could be initiated without there being written complaint to the higher ups. Careful perusal of provision contained in Section 195 of CrPC clearly reveals that no Court shall take cognizance of the offence punishable under Sections 172 to 188 of the Indian Penal Code (45 of 1860 ), except on the complaint in writing by the complainant. Section 195 reads as under:

“195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

(1) No Court shall take cognizance-

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or

(ii) of any abetment of, or attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub- clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.

(2) Where a complaint has been made by a public servant under clause (a) of sub- section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.

(3) In clause (b) of sub-section (1), the term" Court" mea